WATSON v. ROZUM et al

Filing 25

MEMORANDUM ORDER - IT IS HEREBY ORDERED that the Defendants' Motion to Dismiss (ECF No. 21 ) is GRANTED. Plaintiff's Complaint is dismissed with prejudice in its entirety as to Defendants Rozum, Gehlmann, Glass, and Hainsworth. Plaintiff&# 039;s Due Process, Fourth Amendment, Takings Clause, and Violation of Prison Policy claims are dismissed with prejudice as to the remaining Defendants. Plaintiff's retaliation claims against Defendants Dupont, Simosko, Snyder, and Coutts are the sole remaining claims left for disposition. IT IS FURTHER ORDERED that the Report and Recommendation of Magistrate Judge Lenihan dated October 29, 2012 (ECF No. 24 ) is adopted as the opinion of this Court. AND IT IS FURTHER ORDERED that this case is remanded back to Magistrate Judge Lenihan for all further pretrial proceedings, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 11/29/2012. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

JOSEPH WATSON
Plaintiff,
v.
GERALD L. ROZUM, et al.,
Defendants.

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Civil Action No. 12- 35J
District Judge Kim R. Gibson
Chief Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
This action was initiated by Joseph Watson ("Plaintiff') on February 15, 2012, and
referred to United States Magistrate Judge Lisa Pupo Lenihan for all pretrial proceedings in
accordance with the Magistrate Judge's Act, 28 U.S.C. § 636(b)(l), and Local Rules of Court for
Magistrate Judges. Defendants filed a Motion to Dismiss Plaintiffs Complaint on June 4, 2012.
(ECF No. 21.) In a Report and Recommendation dated October 29, 2012, Magistrate Judge
Lenihan recommended that the Motion be granted. (ECF No. 24.) Plaintiff was served with the
Report and Recommendation at his listed address and advised that he had until November 15,
2012, to file written objections. No objections were filed and the time to do so has expired.
As such, after de novo review of the pleadings and documents in the case, together with
the Report and Recommendation, the following order is entered.
AND NOW, this

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t_Cj day ofNovember, 2012,

IT IS HEREBY ORDERED that the Defendants' Motion to Dismiss (ECF No. 21) is
GRANTED. Plaintiffs Complaint is dismissed with prejudice in its entirety as to Defendants
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Rozum, Gehlmann, Glass, and Hainsworth.

Plaintiffs Due Process, Fourth Amendment,

Takings Clause, and Violation of Prison Policy claims are dismissed with prejudice as to the
remaining Defendants.

Plaintiffs retaliation claims against Defendants Dupont, Simosko,

Snyder, and Coutts are the sole remaining claims left for disposition.
IT IS FURTHER ORDERED that the Report and Recommendation of Magistrate

Judge Lenihan dated October 29, 2012 (ECF No. 24) is adopted as the opinion ofthis Court.
AND IT IS FURTHER ORDERED that this case is remanded back to Magistrate Judge

Lenihan for all further pretrial proceedings.

Kim R. Gibson
United States District Judge

cc:

JOSEPH WATSON
EF-9383
SCI Somerset
1600 Walters Mill Road
Somerset, PA 15510
Via US. Postal Mail

Counsel of Record
Via ECF Electronic Mail

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